Working At Social Security Administration

Non-British citizens convicted of a specified offence and sentenced to a term of imprisonment for at least 12 months may be liable to deportation . The police or the investigating officer following consultation with the UK Borders Agency are responsible for serving deportation orders on the defendant at least seven clear days before the date of the sentence. Within 3 months from the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge. The penalty for an offence under Section 111A of the SSAA on summary conviction is a term of imprisonment not exceeding six months, or on indictment, a term of imprisonment not exceedings seven years. In cases with no factual or legal complications the court should bear in mind its power to commit for sentence after a trial and may retain jurisdiction notwithstanding that the likely sentence might exceed its powers. Section 111 of the SSAA 1992 is also a summary only offence sometimes used where a person, required to provide information under Section 109A of the SSAA 1992, refuses to do so following a request for information by an Authorised Officer.

This restriction on delegation applies even where the Local Authority officer has investigated offences connected with DWP administered benefits and where it is acting as service provider to the DWP under Section 109A of the SSAA 1992 authority as part of SFIS. LA officers participating in the SFIS pilots will be expected to apply DWP policy on administrative penalties, subject to any restrictions on delegation. The DWP’s enforcement policy for tax credit offences broadly follows the DWP’s enforcement policy with the exception of administrative penalties.

The jobseeker’s agreement will usually contain a requirement for the jobseeker to “sign-on” once a fortnight at their local Jobcentre plus office. Jobseeker’s Allowance is paid to people who are unemployed and who are available for and are actively seeking work. People who are in receipt of means-tested benefits are automatically entitled to claim HB.

The defence may claim that a prosecution should cease because a repayment has been made or commenced. Prosecutors should request from DWP details of the amount of any benefit repaid by the defendant shortly before the requisition is issued. However, partial or total repayment will not of itself lead to a review of the decision to prosecute, although it can be used in mitigation by the defence.

This guidance assists our prosecutors when they are making decisions about cases. Community Care Grants and Crisis Loans for general living expenses were abolished from April 2013. New local provision will be administered by local authorities in England and the devolved administrations in Scotland and Wales. The savings credit element is paid to people who are 65 years of age or more, satisfy the “habitual residence test” and have a qualifying income that exceeds the “savings credit threshold” but is not so high that it will produce a nil award. The guarantee credit element is paid to people who have reached the qualifying age, satisfy the “habitual residence test” and have no income or their income is below the appropriate minimum guarantee.

DWP FES, HMRC tax credit and LA investigators do not have powers of detention, arrest, search or seizure and rely on police assistance when any of these functions are required. Section 129 of the WRA 2012 prescribes the use that can be made of social security information disclosed by the Secretary of State under Section 128 and creates an offence of unlawful disclosure. CPS prosecutors disclosing social security information in accordance with the DPP’s functions and CPS policies will incur no liability.

From April 2013 Crisis Loan alignment payments and other Crisis Loans paid due to issues with benefit will be replaced by a new national scheme of Short Term Advances. Housing Benefit is paid to people on low income and who are liable to pay rent to a public or private landlord. Income-related ESA is paid to people if they have passed the means-test but who do not satisfy the national insurance contribution conditions.

Conditional Cautions are not generally available for DWP/LA benefit offences unless the offender is a foreign national and the provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 apply. Local Authorities can decide on the suitability of an administrative penalty as a disposal for offences connected with Housing Benefit and Council Tax Benefit only. The amount of penalty remains as prescribed by statute but the level of overpayment to which the administrative penalty applies will vary between authorities. Under Section 116 of the SSAA 1992 , the Secretary of State (in practice the fraud Investigator’s manager, acting on delegated authority) not the prosecutor, decides when the 3 month period commences for the purpose of extending limitation.

Payments paid incorrectly to the CPS will result in an accounting error requiring rectification procedures. CPS policy on costs applications for convicted defendants applies to all cases and prosecutors should apply for prosecution costs in accordance with the CPS scales. All witness care is arranged by DWP FES investigators in conjunction with prosecutors. Witness Care Units are not currently used for DWP cases, although the court’s Witness Service is used.

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